Section 375 IPC, post the Criminal Law (Amendment) Act, 2013, defines 'rape'. Which of the following is NOT one of the seven enumerated circumstances?
Answer & Solution
Correct answer: C.
1. Section 375 IPC defines 'rape' as sexual acts (broadened by 2013 to cover penetration with object, oral, anal, etc.) against a woman under any of SEVEN descriptions: (i) against her will; (ii) without her consent; (iii) with consent obtained by putting her or any person she cares about in fear of death or hurt; (iv) with her consent obtained by impersonating her husband; (v) with consent obtained when she was unsound mind or intoxicated and unable to understand; (vi) when she is under 18 years (consent or no consent immaterial); (vii) when she is unable to communicate consent.
2. Free consent of a woman above 18, in absence of any of the other circumstances, NEGATES rape.
3. Exception 2 (marital rape exception, conditioning on wife being above 15) was struck down to the extent inconsistent with POCSO in Independent Thought v. Union of India, (2017) 10 SCC 800.
4. Hence option D is NOT one of the descriptions (it is in fact a NEGATIVE case).
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 375 (post-2013 amendment, seven 'descriptions')_
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